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Mother not giving diseased father's property


04-Apr-2023 (In Property Law)
My father passed away nearly 17 years back.I am the only child and I'm married. Now my mom is not willing to give my father's property(owned by himself) to me,can I file a case against my mother for the property ?can she sell the property without my permission?
Answers (2)

Answer #1
725 votes
If your father is reported to have died intestate then the properties left behind by him shall automatically devolve on all his legal heirs including minor children.
Your mother cannot deny your rights in the property.
You are one among the legal heirs or successors in interest to inherit the properties left behind by your deceased father.
You can file a partition suit to divide the properties into equal parts in proportion to all legal heirs and to allot one such share to you.
Answer #2
818 votes
Sir / Madam

You have not clarified whether you belongs to Hindu or Christian . Hope as per Hindu law your mother and you are legal heirs of the property belonging to your father.

Confirm whether legal heir certificate is available or not

Put a public notice to deter the public to purchase the property without your consent if they purchase the same from your mother alone, it will not bind you. Risk has to be faced by them through court of law.

Further send a notice to Revenue authorities regarding the mutation of the property in the revenue records pertaining to the property immediately.

A copy may also be marked to the Registration office concerned affecting the property.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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